- Petitioner
- Intestate Estate of the Deceased Antonio Jayme y Ledesma. Fortunato E. Jayme
- Respondent
- Genoveva Gamboa
- Citation
- G.R. No. 47820
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Ozaeta, J.
- Decided
- November 28, 1942
Summary
This inheritance case involved Fortunato E. Jayme's claim as the acknowledged natural son of deceased Antonio Jayme against the opposition of the widow and legitimate children. Born in 1883 before the Civil Code, Fortunato was acknowledged through his father's consistent paternal conduct under the Laws of Toro, which required only tacit recognition. The key legal issue was whether transitory provision rule 1 or rule 12 applied to his inheritance rights. The Supreme Court applied rule 12, holding that since Antonio died after the Civil Code took effect, the inheritance should be distributed according to the Code's provisions. The Court affirmed Fortunato's status as an acknowledged natural son and granted him inheritance rights under Civil Code article 840, reversing the trial court's denial of inheritance despite acknowledging his legitimate status.